DOCSLIB.ORG

GAO-06-978 Conflict Diamonds: Agency Actions Needed To

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
GAO-06-978 Conflict Diamonds: Agency Actions Needed To United States Government Accountability Office Report to Congressional Committees GAO September 2006 CONFLICT DIAMONDS Agency Actions Needed to Enhance Implementation of the Clean Diamond Trade Act GAO-06-978 September 2006 CONFLICT DIAMONDS Accountability Integrity Reliability Highlights Agency Actions Needed to Enhance Highlights of GAO-06-978, a report to Implementation of the Clean Diamond congressional committees Trade Act Why GAO Did This Study What GAO Found In 2003, the United States and other The United States has used multiple U.S. agencies and a private, not-for- countries began implementing the profit entity to implement the domestic and international provisions of the Kimberley Process Certification Clean Diamond Trade Act (CDTA). The Departments of State and the Scheme (KPCS) to curtail the trade Treasury have led U.S. efforts to implement the domestic provisions of the of rough diamonds that had fueled act; State has led the U.S. efforts to curtail trade in conflict diamonds severe conflicts in Africa, known as conflict diamonds. CDTA provides abroad. Domestically, the Departments of State, the Treasury, Homeland the statutory framework for U.S. Security, and Commerce, and the private entity, called the U.S. Kimberley implementation of the KPCS. As Process Authority (USKPA), have been responsible for controlling U.S. mandated in CDTA, this report (1) imports and exports of rough diamonds. Internationally, State, the U.S. describes the institutional Agency for International Development (USAID), and the U.S. Geological framework established to Survey have helped to strengthen KPCS. implement the act, (2) examines implementation of the domestic Domestically, the U.S. systems for reporting rough diamond statistics and for provisions of the act and controlling imports and exports of these diamonds are vulnerable to illicit challenges it faces, and (3) trade. The United States has enhanced the quality of its rough diamond examines how the United States trade data by improving its collection processes, but work remains to be has helped to strengthen the KPCS and challenges it faces. done. Also, the United States does not periodically inspect rough diamond imports or exports to ensure that the contents of the rough diamond parcels match the Kimberley Process certificates. In addition, the United States What GAO Recommends lacks an effective system for confirming receipt of imports—a Kimberley This report contains Process requirement for avoiding possible diversions of rough diamond recommendations to the imports. Finally, the United States has not had a plan for monitoring Secretaries of the Departments of USKPA, but is developing and testing one. State, the Treasury, Homeland Security, and Commerce. It Internationally, the United States has helped to strengthen KPCS by recommends improvements in the (1) accuracy of U.S. rough diamond participating in KPCS activities and providing assistance to Sierra Leone and trade data; (2) processes for Liberia in their efforts to comply with KPCS, but donor assistance to these importing and exporting rough countries faces challenges. Donors and diamond producing countries are diamonds, including conducting considering a regional approach to help enhance the effectiveness of donor periodic physical inspections and diamond-related assistance because this assistance is constrained by the confirmation of rough diamond limited capacity and resources of these countries and the need to harmonize import receipts with foreign diamond policies among countries vulnerable to illicit cross border diamond exporting authorities; (3) oversight trading. of the activities of USKPA and its Diamond Mining Site in Sierra Leone—A Recipient Country of U.S. Assistance licensees who issue Kimberley Process certificates; and (4) approach for providing some of the U.S. diamond-related assistance. The departments reviewed a draft copy of this report and concurred with GAO’s recommendations. www.gao.gov/cgi-bin/getrpt?GAO-06-978. To view the full product, including the scope and methodology, click on the link above. For more information, contact Loren Yager at (202) 512-4347 or [email protected]. Source: GAO. United States Government Accountability Office Contents Letter 1 Results in Brief 3 Background 6 Several U.S. Agencies and USKPA Have Implemented CDTA 10 U.S. Agencies Have Improved Systems for Implementing CDTA’s Domestic Provisions but Are Still Vulnerable to Illicit Trade 13 The United States Has Helped to Strengthen KPCS Internationally, but Assistance-Related Efforts Face Challenges 29 Conclusions 38 Recommendations for Executive Action 40 Agency Comments and Our Evaluation 41 Appendix I Objectives, Scope, and Methodology 42 Appendix II U.S. and Global Trade In Rough Diamonds 44 Appendix III Top Polished Diamond Exporting and Top Diamond Mining Countries 46 Appendix IV Timeline of KPCS and CDTA-Related Events 48 Appendix V List of KPCS Participants 49 Appendix VI Comments from the Department of State 51 Appendix VII Comments from the Department of the Treasury 55 Page i GAO-06-978 Conflict Diamonds Appendix VIII Comments from the Department of Homeland Security 57 Appendix IX Comments from the Department of Commerce 59 Appendix X Comments from the Department of Interior 61 Appendix XI GAO Contact and Staff Acknowledgments 62 Tables Table 1: U.S. Agency Responsibilities for Implementing CDTA’s International Provisions 12 Table 2: U.S. Import Confirmations to Select Countries Compared to All Other Trading Countries, 2004 and 2005 22 Table 3: Number of U.S. Kimberley Process Certificates Issued, 2003–2005 26 Table 4: U.S.-Funded Diamond-Related Projects Supporting the Implementation of KPCS in Sierra Leone and Liberia 31 Table 5: Top Destinations for U.S. Rough Diamond Exports, 2005 (value > 1 percent of U.S. exports) 44 Table 6: Top Sources of U.S. Rough Diamond Imports, by Exporting Participant, 2005 (value > 1 percent of US imports) 44 Table 7: Top (Non-Mining) Rough Diamond Exporting KPCS Participants, 2003 (exports > $200 million) 45 Table 8: Economic Importance of Mining for Selected Countries, 2003 45 Figures Figure 1: KPCS Structure and Responsibilities 8 Figure 2: Discrepancy in U.S. Rough-Diamond Trade Volume and Census Data Improvements 17 Figure 3: U.S. Import Control Process and Weaknesses 18 Page ii GAO-06-978 Conflict Diamonds Figure 4: U.S. Export Control Process and Weaknesses 24 Figure 5: Diamond Mining Site in Sierra Leone—A Recipient Country of U.S. Assistance 34 Figure 6: Liberian Ministry of Lands, Mines, and Energy Building and Secured Annex under Construction for Housing Liberia’s Rough Diamond Exporting and Importing Authority 36 Figure 7: Top Polished Diamond Exporting Countries, 2004 (estimated exports > $200 million) 46 Figure 8: Top Diamond Mining Countries, 2003 (mining value > $50 million) 47 Abbreviations AES Automated Export System CBP Customs and Border Protection CDTA Clean Diamond Trade Act DIPAM Diamond Policy and Management Project IDMP Integrated Diamond Management Program KPCS Kimberley Process Certification Scheme MSI Management Systems International PDA Peace Diamond Alliance Support Project UN United Nations USAID United States Agency for International Development USGS United States Geological Survey USKPA United States Kimberley Process Authority WTO World Trade Organization This is a work of the U.S. government and is not subject to copyright protection in the United States. It may be reproduced and distributed in its entirety without further permission from GAO. However, because this work may contain copyrighted images or other material, permission from the copyright holder may be necessary if you wish to reproduce this material separately. Page iii GAO-06-978 Conflict Diamonds United States Government Accountability Office Washington, DC 20548 September 27, 2006 The Honorable Charles E. Grassley Chairman The Honorable Max Baucus Ranking Minority Member Committee on Finance United States Senate The Honorable Richard G. Lugar Chairman The Honorable Joseph R. Biden, Jr. Ranking Minority Member Committee on Foreign Relations United States Senate The Honorable Henry J. Hyde Chairman The Honorable Tom Lantos Ranking Minority Member Committee on International Relations House of Representatives The Honorable William M. Thomas Chairman The Honorable Charles B. Rangel Ranking Minority Member Committee on Ways and Means House of Representatives When legitimately traded, rough diamonds (uncut and unpolished diamonds) can make a major contribution to the economies of producing, exporting, and importing countries, especially developing countries. In the 1990s, however, rough diamonds that became known as conflict diamonds fueled severe conflicts and humanitarian crises in countries such as Liberia, Sierra Leone, the Democratic Republic of the Congo, and Angola.1 1The United Nations (UN) General Assembly defines conflict diamonds as rough diamonds used by rebel movements to finance efforts to undermine or overthrow legitimate governments. UN General Assembly Resolution 55/56 (Jan. 29, 2001). Page 1 GAO-06-978 Conflict Diamonds Although many of these conflicts have now ended and the international community has taken steps to gain control of the rough diamond trade, the United Nations (UN) and other sources report that illicit trading of rough diamonds still exists and could potentially finance civil conflicts as well as criminal and terrorist activities.2 In November 2002, diamond producing and diamond trading countries launched a voluntary global system, called the
Load more

Recommended publications
  • Federal Register/Vol. 78, No. 35/Thursday, February 21, 2013
    Federal Register / Vol. 78, No. 35 / Thursday, February 21, 2013 / Notices 12135 Dated: February 13, 2013. Participants, and to update the list as Ghana—Precious Minerals and Marketing J. Adam Ereli, necessary. Section 2 of Executive Order Company Ltd. Principal Deputy Assistant Secretary, Bureau 13312 delegates this function to the Guinea—Ministry of Mines and Geology. of Educational and Cultural Affairs, Secretary of State. Guyana—Geology and Mines Commission. Department of State. Section 3(7) of the Act defines India—The Gem and Jewelry Export [FR Doc. 2013–04005 Filed 2–20–13; 8:45 am] ‘‘Participant’’ as a state, customs Promotion Council. BILLING CODE 4710–05–P territory, or regional economic Indonesia—Directorate General of Foreign integration organization identified by Trade of the Ministry of Trade. the Secretary of State. Section 3(3) of the Israel—The Diamond Controller. DEPARTMENT OF STATE Act defines ‘‘Exporting Authority’’ as Japan—Ministry of Economy, Trade and Industry. [Public Notice 8190] one or more entities designated by a Participant from whose territory a Kazakhstan—Ministry of Finance. Republic of Korea—Ministry of Commerce, List of Participating Countries and shipment of rough diamonds is being Industry and Energy. Entities (Hereinafter Known as exported as having the authority to Laos—Ministry of Finance. ‘‘Participants’’) Under the Clean validate a Kimberley Process Certificate. Lebanon—Ministry of Economy and Trade. Diamond Trade Act (Pub. L. 108–19) Section 3(4) of the Act defines ‘‘Importing Authority’’ as one or more Lesotho—Commissioner of Mines and and Section 2 of Executive Order Geology. 13312 of July 29, 2003 entities designated by a Participant into whose territory a shipment of rough Liberia—Ministry of Lands, Mines and AGENCY: Department of State.
    [Show full text]
  • Diamonds on the Souls of Her Shoes: the Kimberly Process and the Morality Exception to WTO Restrictions
    Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2007 Diamonds on the Souls of Her Shoes: The Kimberly Process and the Morality Exception to WTO Restrictions Karen E. Woody Washington and Lee University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlufac Part of the Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, and the International Trade Law Commons Recommended Citation Karen E. Woody, Diamonds on the Souls of Her Shoes: The Kimberly Process and the Morality Exception to WTO Restrictions, 22 Conn. J. Int'l L. 335 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Scholarly Articles by an authorized administrator of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. DIAMONDS ON THE SOULS OF HER SHOES: THE KIMBERLY PROCESS AND THE MORALITY EXCEPTION TO WTO RESTRICTIONS Karen E. Woody' INTRODUCTION Al-haji Sawaneh, a child living in Sierra Leone, was kidnapped and conscripted into a rebel group.2 Shortly thereafter, he became a member of the Small Boys Unit ("S.B.U.") of the rebel group, participating in a number of horrific crimes against civilians and Sierra Leone's government soldiers. Sawaneh was one of thousands of child soldiers
    [Show full text]
  • List of Participating Countries And
    Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Notices 27831 Dated: May 7, 2012. and procedures of the KPCS. The Republic of Congo—Ministry of Mines. Naomi Sipple, referenced regulations are contained at Croatia—Ministry of Economy. Reports Clearance Analyst, Office of 31 CFR part 592 (‘‘Rough Diamonds European Union—DG/External Regulations and Reports Clearance, Social Control Regulations’’). Section 6(b) of Relations/A.2. Security Administration. the Act requires the President to publish Ghana—Precious Minerals and [FR Doc. 2012–11328 Filed 5–10–12; 8:45 am] in the Federal Register a list of all Marketing Company Ltd. BILLING CODE 4191–02–P Participants, and all Importing and Guinea—Ministry of Mines and Exporting Authorities of Participants, Geology. and to update the list as necessary. Guyana—Geology and Mines DEPARTMENT OF STATE Section 2 of Executive Order 13312 Commission. delegates this function to the Secretary India—The Gem and Jewelry Export [Public Notice 7878] of State. Section 3(7) of the Act defines Promotion Council. Indonesia—Directorate General of List of Participating Countries and ‘‘Participant’’ as a state, customs territory, or regional economic Foreign Trade of the Ministry of Entities Under the Clean Diamond Trade. Trade Act of 2003 integration organization identified by the Secretary of State. Section 3(3) of the Israel—The Diamond Controller. AGENCY: Department of State. Act defines ‘‘Exporting Authority’’ as Japan—Ministry of Economy, Trade and Industry. ACTION: Notice. one or more entities designated by a Participant from whose territory a Republic of Korea—Ministry of SUMMARY: The Department of State is shipment of rough diamonds is being Commerce, Industry and Energy.
    [Show full text]
  • The Kimberley Process Certification Scheme: the Irsf T Step Down the Long Road to Solving the Blood Diamond Trade Problem Julie L
    University of Miami Law School Institutional Repository University of Miami Business Law Review 7-1-2005 Is Diamond Smuggling Forever? The Kimberley Process Certification Scheme: The irsF t Step Down the Long Road to Solving the Blood Diamond Trade Problem Julie L. Fishman Follow this and additional works at: http://repository.law.miami.edu/umblr Part of the Law Commons Recommended Citation Julie L. Fishman, Is Diamond Smuggling Forever? The Kimberley Process Certification Scheme: The First Step Down the Long Road to Solving the Blood Diamond Trade Problem, 13 U. Miami Bus. L. Rev. 217 (2014) Available at: http://repository.law.miami.edu/umblr/vol13/iss2/4 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Business Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. IS DIAMOND SMUGGLING FOREVER? THE KIMBERLEY PROCESS CERTIFICATION SCHEME: THE FIRST STEP DOWN THE LONG ROAD TO SOLVING THE BLOOD DIAMOND TRADE PROBLEM JULIE L. FISHMAN* I. INTRODUCTION .................................. 217 II. THE BLOOD DIAMOND PROBLEM: FUEL FOR AFRICAN REBEL FORCE REBELLION .............................. 219 III. BLOOD DIAMONDS AND THE DEMOCRATIC REPUBLIC OF THE CONGO ................................... 220 IV. TAKING A STAND TO END BLOOD DIAMOND TRADE ..... 224 A. The Kimberley Process Certification Scheme .......... 224 B. The United States Takes A Role: The Clean Diamond Trade A ct ................................... 230 V. WHYTHE KIMBERLEY PROCESS CERTIFICATION SCHEME IS NOT ENDING THE BLOOD DIAMOND TRADE ........... 233 A. The Road Is But a Path ........................ 234 B. The Road Needs Patrolling .....................
    [Show full text]
  • Federal Register/Vol. 72, No. 119/Thursday, June 21, 2007/Notices
    34326 Federal Register / Vol. 72, No. 119 / Thursday, June 21, 2007 / Notices general, to protect investors and the Funds, all of which are aware of the Section 2 of Executive Order 13312 of public interest. The Commission also proposed listing and annual fees. July 29, 2003, the Department of State finds that the proposed rule change is The Commission believes the Fee is identifying all the Participants consistent with Section 6(b)(4) of the Schedule overall is consistent with the eligible for trade in rough diamonds Act,12 which requires that the rules of Act. The Commission notes that the under the Act, and their respective the exchange provide for the equitable proposed annual and listing fees are Importing and Exporting Authorities, allocation of reasonable dues, fees, and identical to the fee schedule for Closed- and revising the previously published other charges among its members and End Funds and Derivative Securities list of December 26, 2006 (Volume 71, issuers and other persons using its Products of the New York Stock Number 247, page 77435) to include facilities. Exchange LLC (‘‘NYSE’’) as set forth in Liberia. NYSE Arca’s proposal specifies the Sections 902.04 and 902.07 of the NYSE listing fees and annual fees applicable to Listed Company Manual. The FOR FURTHER INFORMATION CONTACT: Sue Derivative Securities Products, Closed- Commission notes that applying Saarnio, Special Advisor for Conflict End Funds, and Structured Products. sections of the amended Fee Schedule, Diamonds, Bureau of Economic and Numerical examples on how fees are effective as of January 1, 2007, will Business Affairs, Department of State, calculated provide appropriate enable the Exchange to apply its Fee (202) 647–1713.
    [Show full text]
  • Implementing the Clean Diamond Trade Act
    EO 13312 Title 3—The President at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. GEORGE W. BUSH THE WHITE HOUSE, July 29, 2003. Executive Order 13312 of July 29, 2003 Implementing the Clean Diamond Trade Act By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Clean Diamond Trade Act (Public Law 108–19) (the ‘‘Act’’), the International Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c), and section 301 of title 3, United States Code, and in view of the national emergency described and declared in Ex- ecutive Order 13194 of January 18, 2001, and expanded in scope in Execu- tive Order 13213 of May 22, 2001, I, GEORGE W. BUSH, President of the United States of America, note that, in response to the role played by the illicit trade in diamonds in fueling conflict and human rights violations in Sierra Leone, the President declared a national emergency in Executive Order 13194 and imposed restrictions on the importation of rough diamonds into the United States from Sierra Leone. I expanded the scope of that emergency in Executive Order 13213 and prohibited absolutely the importation of rough diamonds from Liberia. I further note that representatives of the United States and numerous other countries announced in the Interlaken Declaration of November 5, 2002, the launch of the Kimberley Process Certification Scheme (KPCS) for rough diamonds, under which Participants prohibit the importation of rough dia- monds from, or the exportation of rough diamonds to, a non-Participant and require that shipments of rough diamonds from or to a Participant be controlled through the KPCS.
    [Show full text]
  • Federal Register/Vol. 86, No. 5/Friday, January 8, 2021/Notices
    1560 Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Notices The Interest Rates are: 409 3rd Street SW, Suite 6050, system determined by the President to Washington, DC 20416, (202) 205–6734. meet substantially the standards, Percent SUPPLEMENTARY INFORMATION: The notice practices, and procedures of the KPCS. of an Administrative declaration for the The referenced regulations are For Physical Damage:. contained at 31 CFR part 592 (‘‘Rough Homeowners With Credit Avail- State of California, dated 06/17/2020, is able Elsewhere ...................... 2.375 hereby amended to establish the Diamond Control Regulations’’) (68 FR Homeowners Without Credit incident period for this disaster as 45777, August 4, 2003). Available Elsewhere .............. 1.188 beginning 05/26/2020 and continuing Section 6(b) of the Act requires the Businesses With Credit Avail- through 12/28/2020. President to publish in the Federal able Elsewhere ...................... 6.000 All other information in the original Register a list of all Participants, and all Businesses Without Credit declaration remains unchanged. Importing and Exporting Authorities of Available Elsewhere .............. 3.000 Participants, and to update the list as Non-Profit Organizations With (Catalog of Federal Domestic Assistance Number 59008) necessary. Section 2 of Executive Order Credit Available Elsewhere ... 2.750 13312 of July 29, 2003 delegates this Non-Profit Organizations With- Jovita Carranza, function to the Secretary of State. out Credit Available Else- Administrator. where ..................................... 2.750 Section 3(7) of the Act defines For Economic Injury:. [FR Doc. 2021–00169 Filed 1–7–21; 8:45 am] ‘‘Participant’’ as a state, customs Businesses & Small Agricultural BILLING CODE 8026–03–P territory, or regional economic Cooperatives Without Credit integration organization identified by Available Elsewhere .............
    [Show full text]
  • 341 Subpart F—General Requirements—Importers
    Census Bureau, Commerce § 30.70 (2) Shipments of USML articles must tors of the exporting carriers and U.S. meet the predeparture reporting re- principal party and/or the authorized quirements in the ITAR (22 CFR parts agents) must retain documents or 120–130). records pertaining to the shipment for (3) For shipments of rough diamonds, five (5) years from the date of export. the proof of filing citation shall in- CBP, the Census Bureau, and other par- clude the statement, ‘‘NO SED RE- ticipating agencies may require that QUIRED—AES,’’ followed by the re- these documents be produced at any turned confirmation number provided time within the 5-year time period for by the AES when the transmission is inspection or copying. These records accepted, referred to as the ITN. The ITN is required to be shown on the may be retained in an elected format, Kimberley Process Certificate for all including electronic or hard copy as exports (reexports) of rough diamonds provided in the applicable agency’s reg- to certify that the diamonds have been ulations. Acceptance of the documents controlled through the Kimberley by CBP or the Census Bureau does not Process Certification Scheme, as de- relieve the USPPI or the authorized fined in section 3 of Public Law 108–19 agent from providing complete and ac- of the Clean Diamond Trade Act and curate information after the fact. The implemented in the Rough Diamonds Department of State or other regu- Control Regulations (31 CFR part 592). latory agencies may have additional (4) For USPPIs who have been ap- recordkeeping requirements for ex- proved to participate in Filing Option ports.
    [Show full text]
  • Kimberley Process Clean Diamond Trade Act Fact Sheet
    Kimberley Process Clean Diamond Trade Act The Kimberley Process Certification Scheme Export Requirements regulates the international rough diamond trade. The . Exports of rough diamonds from the United scheme is an internationally recognized certification States must be accompanied by a Kimberley system that establishes requirements to designate certificate, obtained from a U.S. Kimberley shipments of rough diamonds as conflict-free and prevent Process licensee and validated by the U.S. them from entering legitimate trade. Census Bureau. The Clean Diamond Trade Act was implemented on . Rough diamonds may only be exported to countries that participate in the Kimberley Process. July 29, 2003. The act requires that rough diamonds www.federalregister.gov imported or exported from the United States be controlled through the Kimberley Process. Exports of rough diamonds must be sealed in a tamper-resistant container. Packaging must have Importing requirements an indicator or barrier that can reasonably provide visible evidence that tampering had . Imports of rough diamonds must be accompanied occurred. by an original Kimberley Process certificate. U.S. Census Bureau requires that export information in filed through the automated export . Rough diamonds may be imported or exported system. Submitting export information through only to countries that participate in the Kimberley this system must be done in advance and Process. www.federalregister.gov confirmed by the return of an internal transaction Sheet number. Regardless of quantity or value, shipments must be entered on a formal entry. Importers may . Returning this number to the filer will validate the retain a customs broker at the relevant port of Kimberley certificate to export rough diamonds entry to assist with filing.
    [Show full text]
  • The Implementation and Effectiveness of the Kimberley Process Certification Scheme in the United States
    The Implementation and Effectiveness of the Kimberley Process Certification Scheme in the United States ALBENA P. PETROVA* I. Introduction The Republic of Ivory Coast used to be the fourth-largest economy in Sub-Saharan Africa until the failed military coup attempt in 2002.' Since then the country has been split into two parts. The government controls the southern half, while rebellion groups have taken over the north, which is rich in diamond mines.' The diamonds originating from those mines are called "conflict" or "blood" diamonds because the rebellion forces use the revenues from the diamond sales to purchase arms, which halts peace-making efforts in the country.' In 2004, the United Nations Security Council imposed a ban on imports of 4 diamonds from Ivory Coast and renewed that ban in December 2005. Ivory Coast is a participant in the Kimberley Process, a forum in which participating countries have designed an international certification scheme for rough diamonds known *2005-2006 Fellow at the Institute of International Economic Law, Washington, D.C.; LL.M., Georgetown University Law Center; JD, American University Washington College of Law; MA, Georgetown University School of Foreign Service; AB, Mount Holyoke College. The author is an attorney admitted to practice law in New York and the District of Columbia. Special thanks to Professor Richard Chovanec for his invaluable comments. The author may be contacted by e-mail at [email protected]. 1. See CIA-The World Factbook, Cote d'Ivoire, (Aug. 22, 2006), http://www.cia.gov/cia/publications/ factbook/geos/iv.html (stating that Ivory Coast was among "the most prosperous..
    [Show full text]
  • Public Law 108–19 108Th Congress an Act to Implement Effective Measures to Stop Trade in Conflict Diamonds, and for Other Apr
    PUBLIC LAW 108–19—APR. 25, 2003 117 STAT. 631 Public Law 108–19 108th Congress An Act To implement effective measures to stop trade in conflict diamonds, and for other Apr. 25, 2003 purposes. [H.R. 1584] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Clean Diamond Trade Act. SECTION 1. SHORT TITLE. 19 USC 3901 This Act may be cited as the ‘‘Clean Diamond Trade Act’’. note. SEC. 2. FINDINGS. 19 USC 3901. Congress finds the following: (1) Funds derived from the sale of rough diamonds are being used by rebels and state actors to finance military activi- ties, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thou- sands have fled to the United States. Approximately 3,700,000 people have died during these wars. (2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting but also by terrible human rights violations. (3) Human rights and humanitarian advocates, the diamond trade as represented by the World Diamond Council, and the United States Government have been working to block the trade in conflict diamonds.
    [Show full text]
  • Public Law 108–19 108Th Congress an Act to Implement Effective Measures to Stop Trade in Conflict Diamonds, and for Other Apr
    PUBLIC LAW 108–19—APR. 25, 2003 117 STAT. 631 Public Law 108–19 108th Congress An Act To implement effective measures to stop trade in conflict diamonds, and for other Apr. 25, 2003 purposes. [H.R. 1584] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Clean Diamond Trade Act. SECTION 1. SHORT TITLE. 19 USC 3901 This Act may be cited as the ‘‘Clean Diamond Trade Act’’. note. SEC. 2. FINDINGS. 19 USC 3901. Congress finds the following: (1) Funds derived from the sale of rough diamonds are being used by rebels and state actors to finance military activi- ties, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thou- sands have fled to the United States. Approximately 3,700,000 people have died during these wars. (2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting but also by terrible human rights violations. (3) Human rights and humanitarian advocates, the diamond trade as represented by the World Diamond Council, and the United States Government have been working to block the trade in conflict diamonds.
    [Show full text]